Terms of Use of the http://www.millbrooktraining.com Web Site, Grant
of License, Disclaimers of All Warranties

This is an agreement by and between you and The Millbrook Training Center & Spa / millbrooktraining.com, a New York corporation. This is a legally binding agreement. This agreement governs your use of the The Millbrook Training Center & Spa / millbrooktraining.com Internet Web site and related sites. If you do not agree to the terms and conditions set forth below, your sole remedy is to immediately cease your use of this Internet site and related services.

Disclaimer of Warranties

You understand that exercise may be a risk to my physical health and safety if not done properly. You further understand that it is The Millbrook Training Center & Spa / millbrooktraining.com's recommendation that you consult a physician prior to using any equipment on the premises, engaging in any exercise program or activity, or undertaking any food or diet program, whether or not such program is recommended by The Millbrook Training Center & Spa / millbrooktraining.com. You understand that neither The Millbrook Training Center & Spa / millbrooktraining.com nor the advice of any member of the The Millbrook Training Center & Spa / millbrooktraining.com personnel is a substitute for medical advice.

By using this Internet Web site and any affiliate Internet sites, you agree to hold The Millbrook Training Center & Spa / millbrooktraining.com, its agents, assigns, subsidiaries, subtenants, employees, licensees, and officers ("related entities") harmless for any action, suit, claim, loss, injury, or damage, arising from your recklessness, negligence, misuse of gym equipment, improper execution of generally acceptable exercise techniques, or for any damage or injury that occurs pursuant to any information received, whether such information is received on the gym's premises, on the Internet, or by any other means now known or later developed. You acknowledge that you have had the prior opportunity to, and have, consulted a physician before entering into this agreement. You hereby agree to hold The Millbrook Training Center & Spa / millbrooktraining.com, together with all its related entities, harmless for any action, suit, claim, loss, injury, or damage arising from any and all injuries sustained arising out of your membership,training, classes, etc.

NO WARRANTY: THE MILLBROOK TRAINING CENTER & SPA / MILLBROOKTRAINING.COM MAKES NO WARRANTIES, OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

Public Forums

By participating in any forum or message board, public or otherwise, you hereby warrant and represent that you are the sole author of the material created and/or used pursuant to your participation in such forums or message boards, the materials created and/or used pursuant to your participation do not infringe on any third-party's rights, whether in copyright, trademark, patent, right of publicity, right to privacy, or otherwise, and you hereby grant The Millbrook Training Center & Spa / millbrooktraining.com, an irrevocable, nonexclusive, worldwide, license in and to the material created and/or used pursuant to your participation, including without limitation, the right to modify, edit, copy, recast, distribute, publicly perform, make derivative works therefrom, in any medium, now known or later developed, and grant sub-licenses.

Notwithstanding the foregoing, The Millbrook Training Center & Spa / millbrooktraining.com does not assume any liability for the creation or use of any materials, whether as an author or publisher. The Millbrook Training Center & Spa / millbrooktraining.com does not monitor or control content not created or commissioned (pursuant to a written agreement) by The Millbrook Training Center & Spa / millbrooktraining.com.

In the event you feel that your rights (whether in copyright, privacy, publicity, or other) are being infringed on as a result of a third party, you may contact The Millbrook Training Center & Spa / millbrooktraining.com, in writing, at 2647 Route 44 Millbrook, NY 12545-5565. The Millbrook Training Center & Spa / millbrooktraining.com, in its sole discretion, will determine whether any action is required. The Millbrook Training Center & Spa / millbrooktraining.com may take such action, or not, without notice to you.

Notwithstanding the foregoing, The Millbrook Training Center & Spa / millbrooktraining.com does not assume any liability whatsoever as a result of its action or inaction and you agree to release The Millbrook Training Center & Spa / millbrooktraining.com and its related entities from any and all such liability.

Miscellaneous

Any and all disputes arising out of this agreement, its interpretation or the making thereof, or your use of the The Millbrook Training Center & Spa / millbrooktraining.com Internet Web site shall be construed in accordance with the laws of the state of New York, without regard to any conflicts of laws and principals. Venue for any such dispute shall be in a court of competent jurisdiction in Dutchess County, N.Y., and you hereby consent to personal jurisdiction in such court.

Please note that all prices, Schedules, Trainers, Classes, Memberships, Discounts etc. are subject to change without notice.

(C) 2006 The Millbrook Training Center & Spa / millbrooktraining.com All rights reserved.